Legislative Update - Week of April 28, 2012

Provided as a courtesy by RPOA. Nick Norman, Director of Legislative Affairs

Please email or call the legislators to give them your input on the bills still active & ask them to vote in our favor. (contact info in the detail below).

This Week's Hearings 

SB382 05/01/2012 at 11:00 AM LOB 301
Title: (New Title) allowing for proration of property assessments for damaged buildings.
Property Owner Position: Support

Next week Hearings 

None

Bill Status

SB306  (Victory)Title: relative to the commercial and industrial construction property tax exemption.
Property Owner Position: No Action
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: PASSED / ADOPTED

HB1415  (Victory)
Title: (New Title) relative to permits for repair or replacement of sewage and waste disposal system.
Property Owner Position: Support
House Status: PASSED / ADOPTED WITH AMENDMENT
Senate Status: PASSED / ADOPTED WITH AMENDMENT

HB1405 (Victory and Setback)
Title: relative to refugee resettlement.
Property Owner Position: Support
House Status: PASSED / ADOPTED
Senate Status: INTERIM STUDY

SB335 Title: establishing a procedure for certain condominiums to waive portions of the state fire code. (Victory and Setback)
Property Owner Position: Support
House Status: INTERIM STUDY
Senate Status: PASSED / ADOPTED WITH AMENDMENT

Bills still active 

(see more info in Summary & Full Detail All Bills still active below):

HB247, HB514, SB342, SB301, SB266, SB395, SB382, SB222, HB1263, SB204, HB1597

Critical Bills

Contact Legislators  (see contact info below)

There are two? critical bills still active:

SB364 oppose (May have died in House committee)

SB301 Title: (New Title) relative to the amendment of pleadings in landlord-tenant actions.Summary: Landlord may amend a writ of summons, LT-Writ, for procedural or technical defect.

Property Owner Position: Support

Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10

Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us

Subject: SB301 Support
See below for full details on all bills still active.  Each active bill also includes “To” & “Subject” for email to legislators, talking points, much more

 ==============================================
Summary All Bills still active (please contact legislators)SB342 04/10/2012 at 10:15 AM LOB 306
Title: (New Title) relative to the inclusion of requirements for log structures in the state building code.
Summary: This bills amends the definition section of RSA 155-A:1. In the statute the New Hampshire building code is defined by incorporating by reference various national and international building codes such as The International Building Code 2006. The Bill adds the Standard on the Design and Construction of Log Structures 2007 as another code incorporated by reference.
There is amendment which gives the legislature a second look at the standards within 2 years, and if not adopted by the legislature, the changes do not become part of the NH Building code.
Property Owner Position: No Action
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H07
Email to Committee:
To: ~HouseExecutiveDepartmentsandAdministration@leg.state.nh.us
Subject: SB342

SB266 04/17/2012 at 11:00 AM LOB 304
Title: prohibiting electric utilities from installing and maintaining smart meter gateway devices without the residential or business property owner's consent.
Summary: The bill requires electric utilities to obtain the written permission of the home or business owner before installing a smart meter. The utilities are to develop forms for the customers to sign, and when establishing service at a home or business, the utility must disclose if a smart meter had previously been installed, and remove the meter if requested by the customer.
Property Owner Position: No Action
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H24
Email to Committee:
To: ~HouseScienceTechnologyandEnergy@leg.state.nh.us
Subject: SB266
...
SB395 04/17/2012 at 01:00 PM LOB 301
Title: relative to construction of an access road on land in current use.
Summary: This bill amends a section of the current use tax statute in regard to a road being constructed over a right of way through land in current use to access an abutting property.
Property Owner Position: No Action
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: SB395
...
SB382 05/01/2012 at 11:00 AM LOB 301
Title: (New Title) allowing for proration of property assessments for damaged buildings.
Summary: This bill establishes the procedure for the proration of assessments for property taxes for residential buildings damaged due to unintended fire or natural disaster to the extent that 75 percent of the building requires reconstruction to restore occupancy.
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: SB382
...
SB222 04/24/2012 at 10:15 AM LOB 302
Title: (New Title) relative to property and casualty insurance, insurance investigations, and insurance certificates.
Summary: Technical corrections that prevent termination or cancellation if payments are received by insurance agent prior to termination date.
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H43
Email to Committee:
To: ~HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: SB222 Support
...
HB1263 Time not specified LOB 101
Title: (New Title) relative to the termination of tenancy and repealing the requirement that landlords of restricted residential property provide service of process information.
Summary: The original draft of the bill repeals the requirement that residential landlords register their properties with the Town and City clerks.
The amendment adds a new section to RSA540:2. The amendment gives an additional ground to terminate tenancy:
"Expiration or rightful termination of the term of a lease or other agreement of tenancy, or the rescission of any such lease or agreement."
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: matthew.houde@leg.state.nh.us; sharon.carson@leg.state.nh.us; fenton.groen@leg.state.nh.us; jim.luther@leg.state.nh.us; james.forsythe@leg.state.nh.us;
Subject: HB1263 Support
...
SB204 04/24/2012 at 02:15 PM LOB 302
Title: adopting amendments to Article 9 of the Uniform Commercial Code relative to secured transactions.
Summary: Updates Commercial Code for changes in technology, legal entities, etc.
Property Owner Position: No Action
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H43
Email to Committee:
To: ~HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: SB204
...
HB1597 Time not specified LOB 101
Title: relative to taking by eminent domain for certain purposes.
Summary: The bill requires public utilities, where only a portion of a property owners land was taken by eminent domain, to compensate the owner for the reduction in the value of the property owners land.
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: matthew.houde@leg.state.nh.us; sharon.carson@leg.state.nh.us; fenton.groen@leg.state.nh.us; jim.luther@leg.state.nh.us; james.forsythe@leg.state.nh.us;
Subject: HB1597
...
==============================================
Full details on all bills (still active):SB342 04/10/2012 at 10:15 AM LOB 306
Title: (New Title) relative to the inclusion of requirements for log structures in the state building code.
Summary: This bills amends the definition section of RSA 155-A:1. In the statute the New Hampshire building code is defined by incorporating by reference various national and international building codes such as The International Building Code 2006. The Bill adds the Standard on the Design and Construction of Log Structures 2007 as another code incorporated by reference.
There is amendment which gives the legislature a second look at the standards within 2 years, and if not adopted by the legislature, the changes do not become part of the NH Building code.
Property Owner Position: No Action
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H07
Email to Committee:
To: ~HouseExecutiveDepartmentsandAdministration@leg.state.nh.us
Subject: SB342

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0342.html
Analysis Stated in Bill: This bill includes standards for log homes in the New Hampshire building code.
Talking Points:
Although building codes can apply to our buildings, no action is recommended on this bill as it is unlikely any of us will build an apartment building from logs.
=====================
SB301 04/10/2012 at 01:00 PM LOB 208
Title: (New Title) relative to the amendment of pleadings in landlord-tenant actions.
Summary: Landlord may amend a writ of summons, LT-Writ, for procedural or technical defect.
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: ~HouseJudiciaryCommittee@leg.state.nh.us
Subject: SB301 Support
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0301.html
Analysis Stated in Bill: This bill:
I. Requires 7 days notice for eviction from residential property, regardless of the grounds for the eviction.
II. Allows the landlord to amend a writ of summons to correct minor procedural defects.
III. Increases the amount of damages available in landlord-tenant disputes from $1,500 to $10,000.
IV. Requires former tenants to execute a financial affidavit and provide a forwarding address if they have been found liable for damages to the landlord.
Talking Points:
This bill originally addressed 6 points in favor of the landlord. After passing through the house all but one of them was stripped out. The remaining point (original poitn 3.) is helpful however.
3. This amendment allows a landlord to amend a writ by motion, within 7 days if the landlord made an error in preparing the writ. This prevents an eviction from being dismissed if a error is corrected quickly, within 7 days, and it does not prejudice a tenant as the correction will be well before a hearing date is scheduled in the eviction process.
=====================
SB266 04/17/2012 at 11:00 AM LOB 304
Title: prohibiting electric utilities from installing and maintaining smart meter gateway devices without the residential or business property owner's consent.
Summary: The bill requires electric utilities to obtain the written permission of the home or business owner before installing a smart meter. The utilities are to develop forms for the customers to sign, and when establishing service at a home or business, the utility must disclose if a smart meter had previously been installed, and remove the meter if requested by the customer.
Property Owner Position: No Action
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H24
Email to Committee:
To: ~HouseScienceTechnologyandEnergy@leg.state.nh.us
Subject: SB266

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0266.html
Analysis Stated in Bill: This bill prohibits electric utilities from installing and maintaining smart meter gateway devices without the residential or business property owner’s consent.
Talking Points:
the definition of smart meters in this bill: Smart meter gateway device means any electric utility meter, electric utility meter component, electric utility load control device, or device ancillary to the electric utility meter, which is located at an end-user’s residence or business, and which serves as a communications gateway or portal to electrical appliances, electrical equipment, or electrical devices within the end-user’s residence or business, or which otherwise communicates with, monitors, or controls such electrical appliances, electrical equipment, or electrical devices.
It is unclear if a smart meter that only monitors electric useage for billing is covered by this definition. Further, the bill does not prohibit the utility from charging additional fees for people who request that a smart meter not be installed at their home or residence. (Central Maine Power charges additional fees each month, $20?, if a resident refuses to allow a smart meter to be installed. CMP also indicated in the information they provided that the smart meters monitor usage for billing purposes) We also checked with some of our doctors to see if they had any information about the meter being a hazard, and they said they did not have any information showing problem caused by the meter.
We just do not see major pros or cons to this bill that effect us as rental housing owners/managers, unless the meters can actually control appliances, especially heating and hot water systems, which we do not believe occurs. We feel that we should not take any action for or against this bill and concentrate on the bills that have a greater impact on the landlording business.
=====================
SB395 04/17/2012 at 01:00 PM LOB 301
Title: relative to construction of an access road on land in current use.
Summary: This bill amends a section of the current use tax statute in regard to a road being constructed over a right of way through land in current use to access an abutting property.
Property Owner Position: No Action
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: SB395

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0395.html
Analysis Stated in Bill: This bill clarifies that land in current use upon which an access road is constructed does not lose its status for current use taxation.
Talking Points:
We have not completed a detailed analysis because this bill effects only undeveloped land. If we were developers, this bill could effect us. However, as owners and operators of existing buildings, we are not effected by the bill.
=====================
SB382 05/01/2012 at 11:00 AM LOB 301
Title: (New Title) allowing for proration of property assessments for damaged buildings.
Summary: This bill establishes the procedure for the proration of assessments for property taxes for residential buildings damaged due to unintended fire or natural disaster to the extent that 75 percent of the building requires reconstruction to restore occupancy.
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H18
Email to Committee:
To: ~HouseMunicipalandCountyGovt@leg.state.nh.us
Subject: SB382

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0382.html
Analysis Stated in Bill: This bill establishes the procedure for the proration of assessments for property taxes for residential buildings damaged due to unintended fire or natural disaster to the extent that 75 percent of the building requires reconstruction to restore occupancy.
Talking Points:
The amended bill allows proration of real estate taxes on residential buildings containing no more than four units to be prorated if the building is damaged due to unintended fire or natural disaster to the extent that 75 percent of the building requires reconstruction to restore occupancy.

There is a cap in the bill to protect the cities and towns.
=====================
SB222 04/24/2012 at 10:15 AM LOB 302
Title: (New Title) relative to property and casualty insurance, insurance investigations, and insurance certificates.
Summary: Technical corrections that prevent termination or cancellation if payments are received by insurance agent prior to termination date.
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H43
Email to Committee:
To: ~HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: SB222 Support
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0222.html
Analysis Stated in Bill: This bill makes technical corrections in the laws relating to property and casualty insurance.
This bill is a request of the insurance department.

Talking Points:
We thought that paying insurance agent directly before cancellation date was sufficient and a standard of practice.
Seems like this should be an obvious no brainer.
Why should a property owner have their insurance canceled if they actually paid it to their agent on time?
=====================
HB1263 Time not specified LOB 101
Title: (New Title) relative to the termination of tenancy and repealing the requirement that landlords of restricted residential property provide service of process information.
Summary: The original draft of the bill repeals the requirement that residential landlords register their properties with the Town and City clerks.
The amendment adds a new section to RSA540:2. The amendment gives an additional ground to terminate tenancy:
""Expiration or rightful termination of the term of a lease or other agreement of tenancy, or the rescission of any such lease or agreement.""
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: matthew.houde@leg.state.nh.us; sharon.carson@leg.state.nh.us; fenton.groen@leg.state.nh.us; jim.luther@leg.state.nh.us; james.forsythe@leg.state.nh.us;
Subject: HB1263 Support
Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1263.html
Analysis Stated in Bill: This bill repeals the requirement that landlords of restricted residential property provide service of process information to the municipality in which the property is located.
Notes: Supported by NHAR
Talking Points:
The intent of the amendment is to overrule the Supreme Court case where the court determined that a landlord could not evict a tenant just because the lease expired. The amendment also gives landlords the ability to evict tenants for rightful termination of a lease or other agreement. This may not have any effect, because to terminate a lease, the tenant must have breached a material provision. Landlords, persuant to RSA 540:2 can already evict a tenant on the grounds of a breach of a material provision of a lease. In a residential situation it is not clear if recission would be something a landlord would want to use. However, in a commercial lease, this maybe an important remedy.
=====================
SB204 04/24/2012 at 02:15 PM LOB 302
Title: adopting amendments to Article 9 of the Uniform Commercial Code relative to secured transactions.
Summary: Updates Commercial Code for changes in technology, legal entities, etc.
Property Owner Position: No Action
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H43
Email to Committee:
To: ~HouseCommerceAndConsumerAffairs@leg.state.nh.us
Subject: SB204

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/SB0204.html
Analysis Stated in Bill: This bill makes changes to Article 9 of the Uniform Commercial Code, relative to secured transactions, as proposed by the National Conference of Commissioners on Uniform State Laws.
Talking Points:
Dropped from our watch list. If this affects you please continue to follow it and respond to legislators.
The bill merely adopts changes in the code proposed by the body who originally wrote the code. When the code was written, there was no internet, computers were not used as they are today, and Limited Liability Companies did not exist. The changes, without spending hours of study, deal with the changes in technology, legal entities, and doing business.
=====================
HB1597 Time not specified LOB 101
Title: relative to taking by eminent domain for certain purposes.
Summary: The bill requires public utilities, where only a portion of a property owners land was taken by eminent domain, to compensate the owner for the reduction in the value of the property owners land.
Property Owner Position: Support
Link to Committee Info: http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H10
Email to Committee:
To: matthew.houde@leg.state.nh.us; sharon.carson@leg.state.nh.us; fenton.groen@leg.state.nh.us; jim.luther@leg.state.nh.us; james.forsythe@leg.state.nh.us;
Subject: HB1597

Link to Bill Text: http://www.gencourt.state.nh.us/legislation/2012/HB1597.html
Analysis Stated in Bill: This bill grants an owner of real property which was subject to eminent domain whose valuation will be impacted if transmission lines are constructed because of eminent domain the right to be compensated by the owner of the transmission lines for the difference in value.

Talking Points:
There are a number of eminent domain bills this session, all seemingly related to the Northern Pass project. While we may have varying opinions on the project, we can probably all agree to protect individual property rights from being taken by a for-profit business using an eminent domain procedure to force a sell for their private profit.